Pioneer history; or, Cortland County and the border wars of New York, from the earliest period to the present time, Part 25

Author: Goodwin, Hermon Camp, 1813-1891
Publication date: 1859
Publisher: New York, N.Y. : A. B. Burdick
Number of Pages: 480


USA > New York > Cortland County > Pioneer history; or, Cortland County and the border wars of New York, from the earliest period to the present time > Part 25


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In 1858 the Faculty of Genesee College conferred on him the honorary degree of A. M.


Dr. Bradford held a commission in the Medical Staff of the Militia of this State, under Major General Hathe- way, from 1821 to 1832, occupying the different grades from Surgeon's Mate of the Regiment to Hospital Sur-


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geon of the Division. In the fall of 1851 he was elected to the Assembly of this State, and in 1853 he was elevated to a seat in the State Senate, and in 1855 he was reelected by a very large and increased majority. He served the three terms with great credit to himself and his constituents. He was Chairman of one of the important Committees of the House, and of two Stand- ing and one Select Committee of the Senate.


" The interests of education, and the benevolent insti- tutions of the State, found in Senator Bradford a warm supporter."*


He made an active and industrious member, having been absent only on one occasion-an evening session- during the whole five years of his legislative labors ; and his absence at that time was caused by a detention of the cars. He framed and introduced several very important bills, among which we may mention the one for the appointment of Commissioners of Common Schools. Few Senators were more generally respected or possessed more influence among the members.


In the Congregational church (of which he became a member in 1832), in the Temperance Reform, and as a member of the County Bible Society, he was especially active. For the last thirty-four years he has served in the capacity of Secretary of the Medical Associa- tion.


The Cortland Academy owes its prosperity in no small degree to the efforts of Dr. Bradford, whose ambi- tion has been to make it what it really is, a " model institution." For the last thirty years he has discharged


Senator Kelley's letter.


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the duties of Trustee. In the sick room he has ever ex- hibited a kind and generous sympathy ; to the poor and friendless he has been liberal and just.


His reading is varied and extensive. In the science of Botany, Geology, Mineralogy, and Zoology, he be- came a proficient.


He was married in 1818 to Miss Mary Ann Walker, of Middlefield. Of their three children-daughters-only one is now living,-the wife of William W. Northrop, of New York. Mrs. Northrop is a lady of extensive read- ing and of liberal education. She reads fluently in seven different languages.


Dr. Bradford is at present engaged in the practice of his profession, in which capacity he has been abun- dantly successful.


SAMUEL NELSON was born in Hebron, Washington co., New York, Nov. 10, 1792. His parents were John Rogers Nelson and Jane M'Carter ; both of Irish descent. Their ancestors emigrated from the north of Ireland to Salem, New York, about the year 1760. They came over in company with their clergyman, the Rev. Dr. Clark, a protestant of the strictest Presbyte- rian faith.


John Rogers Nelson married Miss Jane M'Carter at the close of the Revolution, and settled in Hebron. They were among the early pioneers in the settlement of that town,-its organization having occurred in March, 1788. Their eldest son, John Jay Nelson, only brother of the subject of this sketch, resides on the original premises.


Samuel Nelson was at an early age sent to the dis- trict school, where he made the usual progress in the


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primary branches. He fitted for college at a classical school in Salem, taught by the Rev. Mr. Gross ; and at the Granville Academy, having for its principal the distinguished Salem Town. He entered Middleberry College, the Rev. Dr. Davis, principal, in the spring of 1811, and graduated in August, 1813, at the age of twenty-one. Adopting the legal profession, he studied law in Salem, under two eminent lawyers,-Messrs. Savage and Woods,-with whom he remained upwards of two years ;- the senior partner being the late dis- tinguished Chief Justice of New York.


In 1816, Judge Woods, the junior partner, removed to Madison county, where he settled in his profession. He was accompanied by Mr. Nelson, who, at the Janu- ary term of the Supreme Court, 1817, was admitted to the bar. Soon after, he came to this county and located in Cortland Village, where he entered into the practice of law.


Cortland, though a small village, had become the county seat. The leading members of the bar were Oliver Wisewell, Henry Stephens, Samuel S. Baldwin, Townsend Ross, Edward C. Reed, and Augustus Don- nelly. They commenced their profession unaided by fortune or legal reputation. They, however, belonged to a class of progressionists which seldom fail of ulti- mate success. Their intercourse was of the most friendly character. The principle of exclusiveness was not in those days cultivated, for selfishness was de- tested and discarded. In the southern portion of the county Messrs. Nelson and Stephens held the exclu- sive sway in the practice under what was then termed the Ten Pound Act, which was limited to the jurisdic-


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tion of Justices Courts. And here was laid the founda- tion of their professional ability and legal fame. Mr. Stephens had already acquired some notoriety as an able and successful lawyer. He defended the first suit brought by Mr. Nelson in the Common Pleas. It was on a stock note. The declaration contained a special count, and the common counts for goods sold and de- livered. Stephens demurred to the special count, and put in the general issue to the common counts. Hon. John Keep occupied the bench. The demurrer was first argued, and a decision rendered against Mr. Nelson, followed by an execution for costs,-which very much astonished and chagrined him. At least, he felt that it was a most unfavorable beginning. However, in his despair he sought relief in his library, and soon dis- covered that it was erroneous practice to enter up judgment and issue execution for costs on the demurrer until the trial of the issue of fact, and the whole case is disposed of. Hence Mr. Nelson obtained an order to stay proceedings on the execution, and at the next term of court moved to set aside the execution for irregularity, which, with costs, was granted. He also tried the issue of fact, and recovered his suit ; collected the note and costs, without having to pay any. This Judge Nelson remembers as having been regarded at the time as quite an achievement ; and he has not since forgotten the practice.


The above incident fully illustrates how law may be learned even before courts not initiated into its myste- ries.


The triumph of Mr. Nelson was of marked signifi- cance, It measurably established his reputation ; gave


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him a higher position among his legal compeers, and opened for him a future bright and promising. If he was not 'actually " born a lawyer "-if he did not be- come a Hercules at a single stride, he at least rose rapidly in his profession, gathered fresh laurels, luxu- riant in their growth, and which have neither been dimmed by the frosts of time, nor soiled by the touch of an enemy. His open-hearted frankness, liberal views and impassioned eloquence ; his well-balanced mind and generous impulses,-eminently fitted him for the position he so creditably occupied, and combined to make him an ornament to the profession and a blessing to his country. Indeed, few young men of that day ranked higher, or received a more liberal share of busi- ness. The talents, ability, and stern integrity which he displayed on all occasions, made him a favorite with the people, from whom he afterwards received nume- rous political and social honors.


In the winter of 1820-1, he was appointed by the Legislature a presidential elector, and he voted at the Electoral College at Albany, for James Monroe, when chosen for the second term.


During the latter year he received the appointment of Post-master at Cortland Village. The peculiar cir- cumstances attending the appointment are worthy of at least a passing notice. At that time Major Roswell Randall was the incumbent. Young Nelson was, through the kindness of the Major, boarding in his family,-and the appointment, being entirely unexpected by either, greatly perplexed Mr. Nelson, inasmuch as it left the implication that he had been undermining his friend while enjoying his hospitality. He, however, knew


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nothing about the appointment until he received the commission through the post-office. Hon. Elisha Litch- field, of Onondaga county, was then a member of Con- gress, and had, without consulting Mr. Nelson, procured the appointment.


. He was a delegate in the Convention of 1821 for the revision of the State Constitution, and took an active part in the deliberations of that intelligent body. He advocated the abolition of the property qualification, which was upheld and defended by Chancellor Kent and Chief Justice Spencer. Unlike them, he could not see why men, because they might not possess a dollar's worth of real estate, were the less competent to exer- cise or enjoy the inalienable rights of citizens.


In April, 1823, he was appointed by Governor Yates one of the Circuit Judges under the new Constitution, which had the previous year been ratified by a majority of 33,330 votes. The court was composed of the coun- ties of Otsego, Delaware, Chenango, Broome, Cortland, Tompkins, Tioga, and Steuben.


Having sustained himself throughout his eight years' service upon the bench, with ability and honor, he was on the first day of February, 1831, appointed by Govern- or Throop the successor of Hon. William L. Marcy on the bench of the Supreme Court of the State of New York,-Judge Marcy having been elected to the United States Senate.


On the 31st day of August, 1837, he was appointed by Governor Marcy and the Senate, Chief Justice of the State of New York,-Judge Savage having resigned that honorable position. Judge Nelson remained in that office until 1845, when he was appointed by Presi-


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dent Tyler and the Senate, the successor of Judge Thompson, Associate Justice of the Supreme Court of the United States. Judge Thompson had adorned and dignified the office for a period exceeding thirty-eight years-" one of the longest and most honorable judicial careers on record."* And yet, Judge Nelson has thus far filled the seat made vacant by the death of Judge Thompson, in a degree so clearly eminent as to place him in the front rank of legal ability and judicial fame.


During his absence from Otsego county, in 1846, he was appointed a delegate to the State Convention, which convened at Albany on the first day of June of that year, for the purpose of revising the Constitution ; but the duties of his office as Associate Justice of the Supreme Court of the United States, and impaired health, precluded his attending the Convention only for a brief portion of the time it was in session.


Judge Nelson received the degree of LL. D. from Columbia College, New York city ; from Middlebury College, Vermont, his alma mater, as well as from Geneva College.


Mr. Nelson has been twice married. In the fall of 1819, he married Miss Pamela Woods, eldest daughter of Judge Woods, of Madison co. The union proved a very happy and agreeable one. The tie that bound them was not, however, permitted to remain unbroken. Death, the dread foe, envious of mortal bliss, "marked her for his own." She died in the summer of 1822. Her disease was consumption ; and she bore her pro- tracted suffering with resignation, and looked forward


* Van Santvord's Life of Judge Thompson.


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to an exchange of worlds with Christian peace and hope.


In April, 1825, Mr. Nelson was again united in mar- riage to a lady of superior mind, genial temper and social worth, in the person of Miss Catharine A. Rus- sell, only daughter of Judge Russell, of Cooperstown, where they now reside.


In the character of Judge Nelson we find much to admire; a combination of valuable characteristics which are seldom found united in one person. Originally en- dowed with genius and moral sensibility; with a grasp of intellect which seized as by intuition those stores of knowledge which others could acquire only by painful application, and with a full, rich flow of social feeling which early rendered him the fascinating centre of an extended circle of friendship, he braced himself for a career of emulation, and at once became an example and an ornament to the legal profession.


In all the positions in which he has been called to act, he has distinguished himself with marked ability.


His career upon the bench has been characterized by honesty, firmness, discretion, and liberal equity. His disposition of questions, even of the most embarrassing character, and involving the greatest responsibility, meets the general approbation of the bar and the bench. His opinions are clear, comprehensive and manly, and are pronounced with the scrupulous fidelity, the discre- tion and candor of a conscientious jurist. His great learning, eloquence and genius have secured him a pre- eminence in the profession and practice of law ; and by his persevering attention to the duties of his office he has amassed a princely fortune.


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IRA HARRIS was born in Charleston, Montgomery co., N. Y., May 31st, 1802. His parents removed to Cort- land county, in 1808, and located upont he Preble flats. He remained with his father until he was seventeen years of age, alternately working upon the farm and attending the district school. He advanced rapidly in his studies, and devoured in the intervals of farm labor every work of interest that he could conveniently pro- cure. In 1815 he entered the Academy in Homer, where he pursued his preparatory collegiate studies. In September, 1822, he entered the Junior class in Union College, and graduated with the first honors, in 1824.


Having determined to pursue the legal profession, he made the necessary arrangements, and at once entered the office of Augustus Donnelly, in Cortland Village, with whom he remained one year. His affable deport- ment, social habits, well-disciplined mind, and unremit- ting attention to his studies, secured him many friends, and most especially the good will of Donnelly. He left Cortland with a view of obtaining better advantages for the prosecution of his studies. His destination was Albany. Thither he went, an entire stranger, carrying with him a voluntary letter of introduction from his friend Donnelly to the late Chief Justice Spencer, whose office he entered ; and during the two succeeding years, completed his professional studies. Thus, in three years after graduating, he was admitted to the bar, and com- menced the practice of his chosen profession in the city.


He had been a diligent and laborious student, and had fully qualified himself for his new position in life. He was ambitious and persevering, and soon laid the foundation for his future eminence.


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" On Fame's high hill he saw The laurel spread its everlasting green, And wished to climb."


The splendor of his genius, and the many noble and dignified traits of character for which he soon became distinguished, served in an eminent degree to enlarge his sphere of acquaintance, and urge him forward in his onward and upward career to fame and fortune. His careful preparation of authorities, his honesty of purpose, his chasteness of language, and his oratorical powers, were well calculated to make him successful. Business accumulated on his hands, and his reputation increased with each succeeding year, until at length he occupied a proud and even an enviable position among the most distinguished veterans of the Albany bar. He was


" The forest-born Demosthenes


Whose thunders shook the Philip of the seas."


He continued to practice in the city for twenty years, gathering fresh laurels and achieving new victories, until called by the voice of his friends to occupy a higher and a more responsible position.


On the first of July, 1847, he took his seat upon the bench of the Supreme Court, having, in the organization of the Judiciary of the Constitution of 1846, been elected and drawn for the term of four years. His arguments were clear, strong and logical, and tended greatly to enhance his reputation. In 1851 he was reelected for the term of eight years.


At the general elections in the years 1844 and 1845 he was elected to the Assembly. He at once became a


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leading member of the house, and took an-active part in its debates. His arguments were lucid and logical, and frequently exhibited the marks of the gifted orator, not surpassed " by the brilliant efforts of Ames, or the impassioned appeals of Hamilton."


In the spring of 1846 he was elected to the Constitu- tional Convention, which convened in Albany on the first day of June for the purpose of revising our State Con- stitution. He was the only member from the city, and took an active part in its deliberations. His mind ap- pears to have been admirably adapted to the details of the business which of necessity came before the con- vention.


In the autumn of the same year he was elected to the State Senate, but resigned his seat in 1847, when elevated to the Supreme Bench.


Judge Harris has ever taken a deep interest in all matters connected with education. He has been a trus- tee in most of the literary institutions in the city,-in Union College, as also in the University at Rochester, in the founding of which he was actively engaged. His philanthropy is far-reaching. All the impulses of his heart are drawn out in sympathy for the oppressed and the friendless. He possesses a large share of legal experience, and hence the general correctness of his conclusions. Upon legal points, involving questions of right and wrong, his opinions have seldom been at fault ; and his suggestions have invariably been just and valuable. Indeed, he has discharged the duties of Justice of the Supreme Court with signal satisfaction both to the bar and to the public. His decisions com- mand great respect, and are regarded as the end of the law.


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In intellect, Judge Harris affords a rare combination of excellence. Traversing, as by enchantment, the path of public confidence and renown, he has gained those honored halls, where his graceful manner, impressive diction, and logical acumen have given him a position among the most attractive and eloquent men of the age. Nor is his history yet fully written ; the future annal- ist will erect to his memory a more enduring memorial.


WILLIAM H. SHANKLAND, late Judge of the Court of Appeals, was born in Montgomery county, N. Y., in the His parents year 1804, and is of Scottish descent. removed to Pompey, Onondaga county, in 1808. He received his English education in the primary or com- mon schools of Onondaga, and his classical in the Acad- emy at Pompey Hill. The late Joshua Spencer, of Utica, was his teacher for three successive years. He was ad- mitted to the bar of the Supreme Court, in May, 1827, and during the same year commenced the practice of law in Cortland Village. Mr. Shankland was married, in February, 1828, to Miss Lucia Emeline Clark, of Onon- daga county, N. Y. Soon after, Mr. Shankland was elected a Justice of the Peace, in which capacity he


served four years. In 1836 he was appointed District Attorney, and discharged the duties of the office for eight successive years with marked ability and success, when he resigned, and was succeeded by Horatio Bal- lard. In 1847 he was elected one of the Justices of the Supreme Court under the new Constitution ; and in 1849 he was reelected to the same office for the term of eight years. His faithfulness in the discharge of his duties was proverbial ; and the urbanity of his manners added to his constant patience and good humor, all


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regulated by a well-trained mind, a quick perception and sound judgment, enabled him to dignify the bench. His clear, logical and nicely discriminating powers of mind are prominently exhibited in all of his important decisions. He is now residing in the city of Syracuse, where he is devoting himself to his profession with all the ardor, enthusiam and vigor of youth.


Judge Shankland has ever been regarded as an able lawyer in both branches of the profession,-as a coun- sellor and as an advocate. He is remarkably industri- ous and persevering; possesses a high order of business talents, a thorough education, a clear, vigorous intellect, and he is in brief fitted to adorn and dignify any posi- tion to which he may aspire. He is a man of highly courteous and pleasing manners-of fine personal ap- pearance ; and no Judge ever presided on the bench with a greater union of amenity and dignity.


But what adds the greatest lustre to his fame may be recorded in a single line. He is a self-made man. His talents, integrity and personal merit have given him a position among his brethren of the bench and the bar, above which ambition itself cannot wish to rise.


HIRAM GRAY was born in Salem, Washington county, N. Y., April 20, 1802. He early exhibited great activ- ity of mind and energy of character. His preparatory collegiate studies were pursued at the Washington Academy, in Salem. In 1818 he entered the Sophomore class in Union College, and graduated with the usual honors, in July, 1821. In the early part of his senior year he entered the law office of the late Chief Justice Savage, and studied during the vacations.


On the 12th of February, 1821, Judge Savage re-


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ceived the appointment of Comptroller, and at about the time he entered upon his duties Mr. Gray came to Cort- land, and entered the office of Messrs. Nelson and Day- ton. On the 21st of April, 1823, Mr. Nelson was ap- pointed Circuit Judge of the Sixth District. Soon after the appointment of Nelson, Dayton and Woods formed a copartnership, and Mr. Gray continued his studies in their office until the October Term, 1823, when he was admitted to practice. In the following December he went to Dryden and opened an office, where he remained until April, 1824, when he returned to Cortland county, and became a partner of Judge Ross, in Homer. He subsequently went to Elmira and commenced the prac- tice of his profession. He made an active and energetic lawyer, and rose rapidly in professional eminence. He. possessed a heart full of tender sensibilities and gene- rous impulses ; was never repulsive, and hence was easily approached. His political affinities were always Democratic, and to that party he early became attached, and was soon regarded as an active and prominent poli- tician. In 1836 he was elected to the United States Congress. He made a ready and able debater-a prom- inent and efficient member of that distinguished body.


On the 13th day of January, 1846, Mr. Gray was ap- pointed by Governor Wright, Circuit Judge of the Sixth Judicial District, and served under the Constitution of 1846 until the election in June, 1847, when he was elected one of the Justices of the Supreme Court-and he drew for four years. He was reelected November 4, 1851. His term will expire June 1, 1860 ; after which he will retire with an honorable and a well-earned fame, to private occupation.


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In person, Judge Gray is prepossessing ; in stature, noble and commanding, with a frame robust, vigorous and athletic. Social in his manners, chaste and happy in his colloquial and conversational powers, with a strong, vigorous and well-balanced mind, he exhibits a combination of characteristics seldom found united in one man.


His range of reading has been varied and extensive. As a lawyer, he has ever exhibited a devoted attach- ment to his profession. His intellect has adorned it ; and his scrupulous integrity given it honor and respect. As a Judge, he has proven himself eminently qualified to wear the ermine ;- is distinguished for the correct- ness of his opinions, and the firmness with which his decisions are made. In brief, he is regarded by his brethren in the profession, and the public, as an eloquent advocate and a profound Jurist.


LEWIS KINGSLEY was born at the upper village in Cincinnatus, December 15, 1823. In 1827 his father removed to the lower village, where he remained until his death, in January, 1857, having been a resident of the county about thirty-six years-twenty-five of which he was actively engaged in the mercantile business. The first rudiments of the education of his son Lewis, the subject of this sketch, were acquired at the com- mon school. He afterwards attended select schools, taught by A. H. Benedict and R. K. Bourne, and subse- quently he attended one term in the Sherburne Acade- my, where his schooling ended. He had, however, laid the foundation of a good classical education, which he afterwards continued to improve. In June, 1843, he commenced the study of law with Barak Niles, in


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Cincinnatus, with whom he remained until October, 1844.


Hoping to obtain better advantages for study, he left Cincinnatus and entered the law office of Benjamin F. Rexford, of Norwich, Chenango county, N. Y., with whom he remained until July, 1846, when he was ad- mitted to the bar by the old Supreme Court, then being held in Utica. In the autumn of that year Mr. Kingsley entered into partnership with Judge Niles, in Cincinna- tus, with whom he remained until the spring of 1848, when the Judge went to Pennsylvania to reside. Mr. Kingsley continued the practice alone for upwards of a year, when he became a partner of Samuel C. Graves, and re- mained with him until 1851, when his official position made it necessary for him to change his residence for that of Cortland Village.




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